Florida Statute 563.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 563
BEER AND MALT BEVERAGES

View Entire Chapter

F.S. 563.02

563.02 License fees; vendors; manufacturers and distributors.—

(1) Each vendor of malt beverages containing alcohol of 0.5 percent or more by volume shall pay an annual state license tax as follows:

(a) Vendors operating places of business where beverages are sold only for consumption off the premises, an amount equal to 50 percent of the amount of the license tax herein provided for vendors in the same county operating places of business where consumption on the premises is permitted. Vendors holding such off-premises sales licenses shall not be subject to zoning by municipal and county authorities.

(b) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 100,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, $200.

(c) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 75,000 and not over 100,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, $160.

(d) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 50,000 and less than 75,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, $120.

(e) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 25,000 and less than 50,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, $80.

(f) Vendors operating places of business where consumption on the premises is permitted in counties having a population of less than 25,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, $40.

(2) Each manufacturer engaged in the business of brewing only malt beverages shall pay an annual state license tax of $3,000 for each plant or branch he or she may operate. However, each manufacturer engaged in the business of brewing less than 10,000 kegs of malt beverages annually for consumption on the premises pursuant to s. 561.221(3) shall pay an annual state license tax of $500 for each plant or branch.

(3) Each distributor who shall distribute or sell alcoholic beverages containing less than 17.259 percent alcohol by volume shall pay an annual state license tax of $1,250 for each establishment or branch he or she may operate.

History.—s. 3, ch. 72-230; s. 8, ch. 86-269; s. 2, ch. 87-63; s. 7, ch. 92-176; s. 872, ch. 97-103.

Note.—Former ss. 561.34, 561.35.

F.S. 563.02 on Google Scholar

F.S. 563.02 on Casetext

Amendments to 563.02

Arrestable Offenses / Crimes under Fla. Stat. 563.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 563.02.

Annotations, Discussions, Cases:

Cases Citing Statute 563.02

Total Results: 17

Levar Jermaine Taborn Tyson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-05T00:00:00-07:00

Citation: 228 So. 3d 652

Snippet: fundamental error. See 70 So. 3d at 563. 2 was making efforts to change

Bell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-06-11T00:53:00-07:00

Citation: 847 So. 2d 558

Snippet: subparagraph 3, it follows that the error in subparagraph *563 2 was harmless, and the defendant is not entitled

Major v. State

Court: Fla. | Date Filed: 2002-03-27T23:53:00-08:00

Citation: 814 So. 2d 424

Snippet: reversed *428 on other grounds, 356 U.S. 26[, 78 S.Ct. 563, 2 L.Ed.2d 579] (1958). (Footnotes omitted.) The Eleventh

City of Miami Beach v. Amoco Oil Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-06-23T00:00:00-07:00

Citation: 510 So. 2d 609, 12 Fla. L. Weekly 1539, 1987 Fla. App. LEXIS 9026

Snippet: section 563.02(l)(a), which expressly preempts local zoning of licensees. Claiming that section 563.02(l)(… In pertinent part section 563.02, Florida Statutes (1985) provides: 563.02 License fees; vendors; manufacturers… 3d DCA 1982). We hold that by enacting section 563.02, Florida Statutes (1985),1 the legislature has …city ordinance dealing with same subject). Section 563.02(l)(a) expressly provides that state regulation …these cases was, therefore, unaffected by section 563.02(l)(a) which expressly applies only to vendors of

Joseph U. Moore, Inc. v. Neu

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-11T23:53:00-08:00

Citation: 500 So. 2d 561

Snippet: subsections (2) and (3) hereof, is to that extent void. *563 (2)(a) [O]ne who is employed as an agent or employee

State v. Hricik

Court: Fla. Dist. Ct. App. | Date Filed: 1984-02-28T23:53:00-08:00

Citation: 445 So. 2d 1119

Snippet: amended information that Hricik violated section 817.563(2), Florida Statutes (1981), in that she did agree

State ex rel. Dade County v. Nuzum

Court: Fla. | Date Filed: 1979-06-14T00:00:00-07:00

Citation: 372 So. 2d 441, 1979 Fla. LEXIS 4701

Snippet: Twenty-four percent of the taxes imposed under §§ 563.02, 564.02, 565.02(1), (4), and (5), and 565.03 collected…Thirty-eight percent of the license taxes imposed under §§ 563.02, 564.02, 565.02(1), (4), and (5), and 565.03 collected

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-10-18T00:53:00-07:00

Snippet: consumed off the premises? SUMMARY: In light of s. 563.02(1)(a), F. S., a municipality does not have the …However, it was also noted in AGO 076-40 that s.563.02(1)(a), F. S., creates an exception to this continuing…business" of alcoholic beverage vendors. Section 563.02(1)(a) provides as follows: (1) Each vendor of malt… Thus, consistent with AGO 074-362, and since s.563.02(1)(a), F. S., exempts vendors of beer to be consumed

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-02-18T23:53:00-08:00

Snippet: Miami Beach, supra. (For statutory exception, see s.563.02(1)(a), F. S.; cf. AGO 074-362.) Florida

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-09-09T00:53:00-07:00

Snippet: licensed and regulated by statute. See ss. 563.01 and 563.02, F.S. Thus, a county may regulate the time of sale

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-12-01T23:53:00-08:00

Snippet: — is that which is established by s. 563.02(1)(a), F.S. According to that section, vendors

Youngblood v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1968-02-08T23:53:00-08:00

Citation: 206 So. 2d 665

Snippet: Judge, concur. NOTES [1] Fla. 1967, 202 So.2d 563. [2] Id. at 565-566. [3] In Florida East Coast Ry

Lee v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1967-11-13T23:53:00-08:00

Citation: 204 So. 2d 245

Snippet: Shelton v. United States, 356 U.S. 26, 78 S.Ct. 563, 2 L.Ed.2d 579, reversing, 5 Cir., 246 F.2d 571. `

Tolar v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1967-03-06T23:53:00-08:00

Citation: 196 So. 2d 1

Snippet: Solicitor General, 1958, 356 U.S. 26, 78 S.Ct. 563, 2 L.Ed.2d 579. "Two things only serve to distinguish…Shelton v. United States, 356 U.S. 26, 78 S.Ct. 563, 2 L.Ed.2d 579, reversing, 5 Cir., 246 F.2d 571. `

Henry's Drive-In v. Ideal Rock Products Co.

Court: Fla. | Date Filed: 1965-10-15T00:00:00-07:00

Citation: 183 So. 2d 218

Snippet: Certiorari denied without opinion. 171 So.2d 563. 2 No. 34163 Supreme Court of Florida fla

Ex Parte Wells

Court: Fla. | Date Filed: 1928-11-17T00:00:00-08:00

Citation: 118 So. 685, 96 Fla. 562

Snippet: AND TERRELL AND BUFORD, J. J., concur. *Page 563 2 January 1929 Supreme Court of Florida fla

Phelan v. Phelan

Court: Fla. | Date Filed: 1868-07-01T00:00:02-07:52:58

Citation: 12 Fla. 449

Snippet: 391; Pinkney vs. Pinkney, 4 Iowa, 325; 27 Maine, 563; 2 Paige, 112. This is equally as material a consideration